By order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....
Read moreThe outgoing government focused on labour market regulation as part of its last actions. A choice made necessary by the impending economic crisis, which threatens to put a strain on the national production fabric and employment. The government intervened by issuing the Aiuti (Aid) decree (Decree Law 50/2022) and later the Aiuti-ter decree (Decree Law ....
Read moreContracting a viral infection at work is treated as an illness covered by INAIL and proof of the aetiological link can be provided in court by rebuttable presumptions In its Order no. 29435 of 10 October 2022, the Supreme Court overturned the Palermo Court of Appeal’s ruling and provided a different interpretation of the evidentiary ....
Read moreOn Thursday, 18 October De Luca & Partners and HR Capital organised a new HR Virtual Breakfast. Speakers include De Luca & Partners Salary Partner Stefania Raviele, De Luca & Partners Associate Claudia Cerbone and HR Capital S.r.l., Employment Consultant Roberta De Felice. They will analyse the gender gap, with a technical and regulatory focus ....
Read moreA disputed written dismissal notice cannot be proved by witnesses, according to the Court of Cassation ruling no. 26532/2022. The dismissal is null and void for a lack of the required legal format In its order no. 26532 of 8 September 2022, the Court of Cassation stated that the power attributed to the Employment Tribunal ....
Read moreThe selective criterion based on the number of employees is unsuitable to legitimise a diversification of the consequences of null dismissal If the nullity of dismissals for exceeding the protected period is confirmed, the special penalty regime under paragraph 7 of Art. 18 of the Workers’ Statute applies. This includes the reinstatement, regardless of the ....
Read moreIn its order no. 25287 of 24 August 2022, the Court of Cassation ruled on monitoring carried out by the employer and confirmed the legal principles within which the employer may use a detective agency. This case involved a worker dismissed because he was accused of leaving the workplace repeatedly during working hours, for activities ....
Read moreBy order no. 24977/2022, filed on 19 August 2022, the Italian court of Cassation held that a notice sent by the Employer to the Unitary Workplace Union Structure (RSU) regarding the staff holiday plan cannot replace the individual notice. The notice, the Court ruled, must indicate, for each addressee, the time period in which s/the ....
Read moreIn its order no. 21453 of 6 July 2022, the Court of Cassation stated that if there is a company transfer, a worker reinstated after the employment contract term’s ineffectiveness was confirmed, is treated as transferred ex lege to the transferee. Facts of the case The case concerns the effectiveness of a business transfer for ....
Read moreOn 23 September, Decree Law 144/2022 ( Aiuti-ter (Aid ter) decree) was published on the Official Gazette. The Decree introduced significant changes which benefit workers and established new and different allowances for employees, self-employed workers and other categories. This is additional to the provisions of the Aiuti (Aid) decree (Decree Law 50/2022) and modifies the ....
Read moreIn addition to information already provided by the National Labour Inspectorate (circular no. 4 of 10 August 2022), the Ministry of Labour, with this circular, outlined the application of the new information requirements introduced by Legislative Decree no. 104 of 27 June 2022 “Transparency Decree”). As already noted in National Labour Inspectorate Circular no. 4/2022, ....
Read moreLegislative Decree no. 149, of 10 October 2022, by inserting Article 2-ter to the Decree Law no. 132, of 12 September 2014, introduced assisted negotiation in labour disputes under Art. 409 of the Code of Civil Procedure. The provision allows the parties (employer/client and employee) to resort to assisted negotiation, with the help of a ....
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